Washington

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect

Abuse/Neglect/Dependency - Accused Parents

Legislation

January 8, 2024
WA considers pre-petition RTC for parents in abuse cases
The bill would have provided a child's parent with the right to consult with counsel before signing a 'voluntary' placement agreement.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
May 10, 2021
WA State guarantees counsel for many children in child welfare cases
As the result of 2021 legislation, many Washington State children are now guaranteed independent counsel in child welfare cases.
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Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC provided supportive testimony and has worked with advocates in WA State for some time on this issue.

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
May 10, 2021
WA State guarantees counsel for many children in child welfare cases
As the result of 2021 legislation, many Washington State children are now guaranteed independent counsel in child welfare cases.
Read More
Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC provided supportive testimony and has worked with advocates in WA State for some time on this issue.

Categorical

Abuse/Neglect/Dependency - Accused Parents

Discretionary

Abuse/Neglect/Dependency - Children

No Such Proceeding

Adult Protective Proceedings - Protected Person

Qualified

All Basic Human Needs

No Such Proceeding

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Categorical

Civil Commitment

Qualified

Civil Contempt in Family Court

Discretionary

Custody Disputes - Children

Qualified

Custody Disputes - Parents

Discretionary

Domestic Violence - Alleged Victim

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Qualified

Guardianship/Conservatorship of Children - Parent or Guardian

Categorical

Housing - Evictions

Categorical

Incarceration for Fees/Fines (incomplete)

Qualified

Other subject area

Discretionary

Parentage - Defendant/Respondent

Categorical

Quarantine/Isolation

Categorical

Sexually Dangerous Persons - Commitment

Categorical

Sterilization

Categorical

Termination of Parental Rights (Private) - Birth Parents

Categorical

Termination of Parental Rights (State) - Birth Parents

Qualified

Termination of Parental Rights (State) - Children

Qualified

Truancy - Petition Against Child